Bill Text: NY A02592 | 2015-2016 | General Assembly | Introduced

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Bill Title: Requires the commissioner of health to take action when high risk areas of lead poisoning are designated; requires the commissioner of health to provide written notice instructing such condition be discontinued within a specified period of time.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2016-02-25 - REFERRED TO HEALTH [A02592 Detail]

Download: New_York-2015-A02592-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2592
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 20, 2015
                                      ___________
       Introduced  by  M. of A. DINOWITZ, KAVANAGH -- read once and referred to
         the Committee on Health
       AN ACT to amend the public health law,  in  relation  to  requiring  the
         commissioner  of health to act when areas of lead poisoning are desig-
         nated
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivisions 1 and 3 of section 1373 of the public health
    2  law, as added by chapter 338 of the laws of 1970, are amended to read as
    3  follows:
    4    1. Whenever the commissioner or his OR HER representative shall desig-
    5  nate an area of high risk, he [may] OR SHE SHALL give written notice and
    6  demand, served as provided [herein] BY THIS SECTION, for the  discontin-
    7  uance of a paint condition conducive to lead poisoning in any designated
    8  dwelling in such area within a specified period of time.
    9    3.  In  the  event  of failure to comply with a notice and demand, the
   10  commissioner or his OR HER representative [may] SHALL conduct  a  formal
   11  hearing  upon  due  notice  in accordance with the provisions of section
   12  twelve-a of this chapter and on proof of violation of  such  notice  and
   13  demand  [may]  SHALL  order  abatement of a paint condition conducive to
   14  lead poisoning upon such terms as may be appropriate and  may  assess  a
   15  penalty  not  to  exceed  two  thousand  five  hundred  dollars for such
   16  violation.
   17    S 2. This act shall take effect on the ninetieth day  after  it  shall
   18  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00912-01-5